Satellite/Communications Towers

APA PAS #394. Roth, Harry B. Regulating Satellite Dish Antennas,
1986.

Summary

As is often the case with a new technology, local governments did
not have specific standards to regulate satellite dishes. The
result  was that many local jurisdictions were sent scurrying to
see what others were doing to address the problems, particularly
the aesthetic problems, that the dishes may cause. Other local
governments seized the opportunity to regulate dishes as
something other than an accessory use, which is how the dishes
have been treated in most places. In June 1984 a petition to the
Federal Communications Commission (FCC) asked the FCC to preempt
local regulations because they unnecessarily and unfairly
restricted these antennas. USCI maintained that local regulation
was in direct conflict with the FCC's objective to "provide for
the growth of nationwide satellite-delivered communications
services." After considering evidence on both sides of the issue,
the FCC issued its final report about limited preemption of local
satellite dish antenna regulations on January 14, 1986. In short,
the key elements of the FCC's rule involve attributes fundamental
to effective zoning; therefore, so long as local officials
undertake the task of regulating satellite dish antennas in a
conscientious, diligent, and objective manner, the resulting
ordinance should survive preemption by the FCC. 

This booklet offers some technical background, examples of local
government regulations, and a sample ordinance that should be
helpful in drafting such an ordinance.

A copy of this report is available for review at the NH Office of State
Planning, 2 1/2 Beacon Street, Concord, NH during regular business
hours: Monday - Friday 8:00 am to 4:30 pm.

You may obtain this report from:

Planners' Book Service                  (312) 786-6344
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Suite 1600
Chicago, IL  60603-6107                 Bookorder@planning.org